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DUI LEGAL GLOSSARY |
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Glossary of Driving Under the Influence (DUI) Legal Terms
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Under
the Influence: The precise definition used in court will vary from state to state; however, it
will relate to the inability of the driver to operate a motor vehicle with the
same caution characteristic of a sober person of ordinary prudence under the
same or similar circumstances. It is not necessary for someone to have an
alcohol level that is above the legal limit to be under the influence. However,
most states do allow a jury to infer or presume that if someone is above the
legal limit at the time the test was taken, and if the test was given close in
time to the time of driving (within two or three hours), that the driver is
under the influence. The manner in which the vehicle is driven is relevant, but
not usually determinative in and of itself.
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advice for your specific case.
© Copyright 2004,
Consultwebs.com, Inc., All rights reserved. Personal
Injury Law
Glossary.
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